CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Court Control of Proceedings
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Objections
.........Effect of Failure to Object
11 Cards On This Topic:
Reversal for erroneous admission requires objection and determination of miscarriage of justice.
D's failure to specifically object to population frequency testimony on specific grounds deprived DA of opportunity either to present other or to defend its decision not to.
Appeal of an HIV testing order on basis there was no express probable cause finding or docket notation is subject to general rule requiring a timely objection.
Since involuntary HIV testing is strictly limited by statute and PC 1202.1 conditions testing order on probable cause finding, D may challenge sufficiency of evidence even in absence of trial court objection.
Because D did not object to victim photos used in questioning witnesses, he failed to preserve issue for appeal; even if preserved, testimony relevant and admissible.
D did not waive objection to testimony by not raising at trial where co-Ds did so object and parties had stipulated an objection by one D would be deemed made by all.
As D did not object to DA’s cross-exam of expert at trial, claim could only be raised on habeas corpus, not appeal.
While pre-arraignment interrogation violated D's right to counsel, its admission was not error where no objection was raised below.
Court of Appeal could consider instructional error on reasonable doubt even though D did not object below.
Failure to promptly or properly object to inadmissible evidence waives objection.
Effect of failure to object to improper admission of evidence.